LAWS(P&H)-2022-2-29

ABHIJAAN KHAN Vs. STATE OF PUNJAB

Decided On February 14, 2022
Abhijaan Khan Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.227 dtd. 25/12/2021 registered under Ss. 21/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Urban Estate, Patiala, District Patiala.

(2.) Learned counsel for the petitioner has submitted that in the present case, no recovery has been effected from the petitioner and only recovery of 10 grams of smack has been effected from the co-accused Malkiat Singh which is far less than the commercial quantity as the stipulated commercial quantity of smack is 250 grams. It is further submitted that the petitioner has been implicated solely on the basis of disclosure statement of said co- accused Malkiat Singh and the said implication is on account of party faction. He has relied upon the judgment passed by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, an order passed by Coordinate Bench of this Court dtd. 17/6/2020 in CRM-M-12051-2020 titled "Mewa Singh Vs. State of Punjab", and an order of another Coordinate Bench dtd. 16/7/2021 passed in CRM-M-12997-2020 titled as "Daljit Singh Vs. State of Haryana" to contend that in such like cases, if a person has only been proceeded against on the basis of disclosure statement of co-accused and no recovery has been effected from the petitioner, then he should be granted the benefit of anticipatory bail.

(3.) Learned counsel for the petitioner has further submitted that even the said co-accused Malkiat Singh, from whom the alleged recovery has been effected, has been released on bail.